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Court decides Khama's appeal

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Court decides Khama's appeal
Lobatse High Court judge Abednigo Tafa will on Thursday pass judgment granting or rejecting a request by President Ian Khama, Speaker of the National Assembly and Judicial Service Commission (JSC) to suspend the execution of orders he recently issued nullifying the appointment of Court of Appeal judges. Two weeks ago, justice Tafa concurred with arguments by manual workers union and ruled that the current practice where Khama appoints appeal judges is unconstitutional, as powers to determine the number of CoA judges rests with Parliament. He also found that the decision by and practice where Khama has extended contracts of some appeal judges contravenes the constitution and nullified it. Consequently, save for CoA judge President Ian Kirby, the appointment of all appeal judges was nullified and 'relevant authorites' ordered by justice Tafa to regularise the appointments within six months. Even then, most of the judges on the CoA bench have been disqualified because they are currently on extended contracts, in violation of constitutional provisions. Justice Tafa heard arguments for and against the stay of execution on Monday morning, in which government argues that his decision has rendered the CoA dysfunctional. Khama, through acting Attorney General Morulaganyi Chamme, wants justice Tafa's orders…

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